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AMER. MACH. MOVERS v. CONTINENTAL CONTAINER

No. 13344.

436 So.2d 1289 (1983)

AMERICAN MACHINERY MOVERS, INC. v. CONTINENTAL CONTAINER SERVICE, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 22, 1983.

Attorney(s) appearing for the Case

Francipane, Regan & St. Peé, Philippi P. St. Peé, Metairie, for plaintiff-appellant.

G. Edward Merritt, Terriberry, Carroll, Yancey & Farrell, New Orleans, for defendant-appellee.

Before SCHOTT, AUGUSTINE and LOBRANO, JJ.

AUGUSTINE, Judge.

Pursuant to the terms of a written lease, American Machinery Movers, Inc. delivered a diesel forklift to the premises of Continental Container Services, Inc. on June 24, 1981. Although the machine was approximately ten years old, it was apparently in good condition as of the time Continental received it. About one month later, however, the forklift's engine unexpectedly failed while in use at the lessee's yard. At that time, Kenneth Hemer, a Continental...

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